HB 52-CRIMES;SEX CRIMES;SENTENCING; PAROLE
1:41:05 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 52 "An Act eliminating marriage as a defense to
certain crimes of sexual assault; relating to enticement of a
minor; relating to harassment in the first degree; relating to
harassment in the second degree; relating to indecent viewing or
production of a picture; relating to the definition of 'sexual
contact'; relating to assault in the second degree; relating to
sentencing; relating to prior convictions; relating to the
definition of 'most serious felony'; relating to the definition
of 'sexual felony'; relating to the duty of a sex offender or
child kidnapper to register; relating to eligibility for
discretionary parole; and providing for an effective date."
1:42:00 PM
CHAIR CLAMAN opened public testimony on HB 52.
1:42:57 PM
KATIE BOTZ relayed her experience as a victim of sexual abuse.
[Due to technical difficulties, much of Ms. Botz's testimony was
indiscernible. She had read from a similar prepared statement
during the Senate Judiciary Standing Committee meeting on
February 18, 2019. She gave permission for that testimony to be
reflected in this record.]
MS. BOTZ said she was originally from Kodiak, where she was the
victim of sexual abuse at the age of 12. She said many
statistics show that victims often know their rapist. In this
case, she said, her rapist was an 18-year-old friend of her
brother. She detailed her efforts to hide from her abuser, who
was welcome in the house and worked around her family members'
schedules to abuse her. She said her mother caught him in the
act, which broke her mother's heart. She discussed the testing
of her rape kit and the involvement of the police and court
system. She said she wishes her abuser had received more than
six years in prison. She noted that she remembers the abuse as
if it happened yesterday. She explained that she cried herself
to sleep every night for five years and how she feared sleep
because of chronic nightmares. She said she did not speak to
anyone about her nightmares, possibly because of the stigma and
embarrassment of being a victim. She said she wishes her abuser
served more than six years in prison because it took her 12
years to recover. She added that sexual abuse is a topic too
difficult for some victims to discuss. She remarked that Alaska
has the highest sex crime rate in America and only one percent
of predators end up in jail. She said if the government wants
to protect the public, something must be done about this.
[MS. BOTZ, during the Senate Judiciary Standing Committee
meeting on February 18, 2019, also spoke against outside
residents coming to Alaska to dodge sex offender registration.
She said all Alaskan residents should have the right to know who
they are associating with. She said incitement of a minor is
still a crime, regardless of how it is committed. She noted
that sexual harassment is not often properly respected by
authorities, which makes it difficult for victims to go to a
supervisor. She asked for something to help victims feel more
comfortable reporting sexual harassment. She said imprisonment
of less than ten years for serious crimes does not do justice
for victims, noting that a victim will suffer for a lot longer
than that ten years. She urged a sentence of 20 years for
victims aged 13 and older and 30 years for victims under 13, so
that victims can have peace of mind.]
1:46:26 PM
MICHELE VASQUEZ said she whole-heartedly supports HB 52 though
asked that the bill be amended to make it a third- or fourth-
degree sexual assault for anyone in law enforcement to have
sexual contact or penetration with anyone during an active
criminal investigation. She called that behavior
"reprehensible" and said it should not be tolerated. She said,
given Alaska's position as the state with the highest rate of
sexual assault, legislators should make a clear statement that
nobody is above the law when it comes to sexual assault. She
said all Alaskans should be protected.
1:47:40 PM
MAXINE DOOGAN, representing Community United for Safety
Protection (CUSP), explained that CUSP is an advocacy group for
current and former sex workers, sex trafficking victims, and
their allies. She asked that HB 52 be amended to include
language making police officers guilty of third- or fourth-
degree felony sexual assault if they have sexual contact or
penetration with anyone that they are investigating for
prostitution or sex trafficking. She cited a CUSP survey that
found 90 percent of Alaska voters support making it a criminal
offense.
1:49:11 PM
TERRA BURNS, also representing Community United for Safety
Protection, asked for HB 52 to be amended to make it third- or
fourth-degree sexual assault for a police officer to sexually
penetrate or have sexual contact with people under active
investigation during an active criminal investigation. She said
she did her graduate research at University of Alaska Fairbanks
on the lived experiences and policy recommendations of people in
Alaska's sex trade. She said approximately a quarter of sex
workers say they have been sexually assaulted by a police
officer. She added that 60 percent of sex trafficking victims
say they have been sexually assaulted by a police officer. She
explained that APD conducts stings as a primary way to identify
sex trafficking victims. She said CUSP is aware of cases in
which people have called 911 to say that they were sex
trafficking victims and then, instead of following up with them,
APD conducted a prostitution sting operation where officers had
sexual contact with them. She stressed that victims of sex
crimes should be treated equally and not be subject to
revictimization by law enforcement. She said this is a common-
sense amendment as the committee is already looking to adjust
the sexual assault statute. She restated that 90 percent of
Alaska voters want to see this happen. She thanked the
committee members for their work addressing sex crimes.
1:51:15 PM
CHAIR CLAMAN ascertained there were no further people wishing to
testify. He closed public testimony on HB 52.
1:52:24 PM
CHAIR CLAMAN announced the bill would be held for further
review.